Uncategorized

Plans to downgrade part of the historic Henry Jenkins Inn to residential have been refused following more than 60 objections.

Only three people supported the application … and one of those was David Fielder, the Goole-based property developer who bought the property in 2012 – and who has since allowed the property to fall into a dilapidated state.

See Notice of Planning Refusal here

Thank you to every one who registered their objection – your action could be instrumental in helping to save the Henry Jenkins as a valuable community facility for future generations!

The decision notice from Harrogate Borough Council states: “The proposal would result in the loss of a community facility (public house) thereby reducing the variety of locally based community facilities to the detriment of meeting the present and future social needs and aspirations of this rural community.”

It adds: “No evidence has been submitted to demonstrate that the existing or alternative community use would cause unacceptable planning problems, that a satisfactory replacement facility is provided, or that there is no reasonable prospect of the use continuing on a viable basis or of a satisfactory alternative community use being secured.”

The Henry Jenkins Community Co-operative is now planning to make a formal request to the council to begin proceedings for a compulsory purchase.

The council has a duty to consider requests for compulsory purchase from community groups – especially in situations where the owner is unwilling to sell – or where empty properties are blighting the local environment. 

We are grateful to the council for its robust response in upholding planning policies designed to protect community facilities – however further action is now needed to break the deadlock.

Local councils have powers to make compulsory purchases under the 1990 Town and Country Planning Act  Under  Government planning guidance they have a duty to consider and formally respond to requests from community groups. The guidance states: “Local authorities should consider all requests from third parties, but particularly voluntary and community organisations … which put forward a scheme for a particular asset which would require compulsory purchase.”  It adds that councils should consider requests to use its compulsory purchase powers for community assets “that are in danger of being lost where the owner of the asset is unwilling to sell.”

It has been well documented that Mr Fielder has rebuffed at least three approaches from private prospective buyers who wanted to refurbish the Henry Jenkins as pub and restaurant.

In December he rejected a fully-funded offer from HJCC to to buy the pub for £180,000, its full market value as determined by a professional Valuation Report.  Mr Fielder has since stated publicly that he wants no further dealings with HJCC – despite the fact that our plans to regenerate the Henry Jenkins as a community-owned bar and bistro/ coffee shop are supported by the overwhelming majority of local residents.

We will be arguing that this is precisely the situation for which use of compulsory purchase powers is intended under national planning guidance. If the council does not step in, Kirkby Malzeard’s Main Street could be blighted by a disreputable, ramshackle property for many more years to come.

Parish Council members have resisted calls to carry out a policy review  – following fierce criticism of their past support for plans for the demolition on of the Henry Jenkins.

More than 20 parishioners attended a heated meeting of Kirkby Malzeard Parish Council on Monday – the first to be called since last week’s decision by a Government Inspector to dismiss Mr Fielder’s appeal against refusal of planning permission.

There was  outspoken criticism of the Parish Council, who supported Mr Fielder’s original plans to demolish the Henry Jenkins and redevelop the site with housing – and continued to support his plans after planning permission was refused.  It was suggested the Parish Council had still not shifted its position, one parishioner called on councillors to resign en masse and at one stage the meeting was suspended.

Speaking for the Henry Jenkins Community Co-op, Richard Sadler said the chances of Mr Fielder ever getting permission for his original plans were now very remote – but there were concerns that he would sit on the pub, continue to refuse offers to buy it and allow the building to remain in a ramshackle state for years to come.

Mr Fielder was asked by councillors if he would be prepared to enter into negotiations with HJCC, who made a fully funded offer to buy the Henry Jenkins in December.  However, he said he “did not trust” members of HJCC and would be proceeding with plans to split the property into three and sell off the “flat” on the first floor. As an Asset of Community Value, the Henry Jenkins can only be sold as a community facility and any change of use would require planning permission. Mr Fielder, whose position and general attitude was criticised by several parishioners, declined to elaborate on how he would sell parts of the Henry Jenkins or who he would sell them to.

In response to charges of bias, several councillors spoke to say there was no secret agenda and that they were trying to be even handed. The chairman, Howard Mountain, said everyone agreed that it was in no one’s interests for the Henry Jenkins to be left to deteriorate. However he said there would be no review of the parish council’s position until after  local council elections in May.

The Parish Council was presented with the latest interim results of an Opinion Survey being carried out by HJCC volunteers in Kirkby, Laverton and Dallowgill. Of 170 forms returned so far, more than three quarters of respondents support plans for a regenerated Henry Jenkins, based around the proposed core business of a family bistro, coffee shop and real ale bar. Once the survey has been completed forms will be handed to the Parish Council for verification.

Last month a Government Planning Inspector, John Morrison,  dismissed an appeal by Mr Fielder against Harrogate Borough Council’s decision to refuse panning permission for the demolition of the Henry Jenkins.

He said the decision was in line with national and local planning policies designed to ensure there was a broad range of facilities in rural communities. He added that he was not convinced that the potential re-use of the Henry Jenkins as a going concern had been sufficiently investigated – and that the owner had left the building in “very oppressive, dark and sorry state.”

Study Tour of Community-owned Pubs

Supporters of plans for the regeneration of the Henry Jenkins will this month begin  fact-finding tour of community-owned pubs with the support of the Plunkett Foundation, the Government-backed charity that provides support and expertise for community buyouts.

Study visits of combined pubs, cafes and restaurants in Derbyshire and Yorkshire are being supervised by a business advisor with experience of helping to facilitate successful community enterprises across the UK.

HJCC committee members will also be joined by  local supporters with business experience in the hospitality sector.

It is proposed money for the purchase and refurbishment of the Henry Jenkins should be raised with a combination of community shares, grants and loans. HJCC is eligible to apply for up to £100,000 in funding from the Plunkett Foundation as well as a number of other grant-giving bodies. At this stage formal pledges to buy community shares are not being sought – that will not happen until a fully-costed Share Prospectus and Business Plan have been published. Informal pledges so far been made to the value of more than £80,000.

Community bid for Henry Jenkins remains on the table

HJCC would like to restate that our offer is still open to buy the Henry Jenkins for £180,000, its full market price as determined by a professional Valuation Report. Our offer, originally made in December, has so far not been accepted by the owner. We remain ready and willing to enter into negotiations at any time.

 

 

 

An appeal against refusal of planning permission for the demolition of the Henry Jenkins has been dismissed by a Government Planning Inspector.

The Inspector, John Morrison, said he was not convinced that the potential re-use of the Henry Jenkins as a going concern had been sufficiently investigated – and that the owner had left the building in “very oppressive, dark and sorry state.”

His decision follows an appeal hearing in Harrogate on January 31st. Mr Fielder claimed that the Henry Jenkins was no longer viable as a pub and that the council was wrong to refuse planning permission last February for demolition and redevelopment of the site with housing.

However, the Henry Jenkins Community Co-op argued that it was Mr Fielder himself who had ensured the pub was not viable by deliberately degrading the building, by failing to properly market it as a pub – and by refusing legitimate offers from prospective purchasers.

Mr Morrison agreed that the Henry Jenkins had not been marketed sufficiently as a pub – and that this was compounded by the stripping out of the pub’s interior.  He said in his Appeal Decision letter: “The appellant has stated that this was to present a blank canvas to show what prospective purchasers or renters could do but I struggle to reconcile this argument.

“Certainly, my experience of the building from my site visit presented something of an unfinished interior strip which also seems to have removed internal walls and doors without sufficient justification.

“This has resulted in showing a very oppressive, dark and sorry state that, in my view, would be more likely to put off potential interest than necessarily garner it.”

He said the decision by the council to refuse planning permission was in line with policies designed to maintain viable and sustainable communities – particularly in rural areas – by ensuring people had access to a wide variety of locally based community facilities. He also dismissed suggestions that the car park was too small to make the pub viable.

Since that decision the case for maintaining the Henry Jenkins as a community facility had been further strengthened by widespread support for plans for a community buyout. “There seems to be a very real possibility, on the strength of what I have seen, that there are options to re-use the Henry Jenkins in a sustainable way.”

This was supported by the fact that a fully funded offer to buy the pub for £180,000 was made in December by the Henry Jenkins Community Co-op.

“What the work of the HJCC shows … in the shape of the level of interest, the money that has been committed and the initial national funding secured is that there is not only a clear demand and strong willingness to re-use the HJ for community purposes but also the proverbial money being put where the mouth is,” Mr Morrison said.

“Whichever way one would like to look at it, £180,000 is not a small amount of money when it is committed from local people.”

The Inspector acknowledged that concerns had been raised over a possible conflict between a revived Henry Jenkins and the Mechanics Institute. However he concluded that the two facilities should be able to complement one another.

“Notwithstanding there may be some competing sales, there seems to be no clear reason why the two could not operate harmoniously, operating complimentary services,” he said.

• HJCC would like to restate that our offer is still open to buy the Henry Jenkins for £180,000, its full market price as determined by a professional Valuation Report. We remain ready and willing to enter into negotiations at any time.The full text of the Planning Inspector’s Decision Letter can be seen here.